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KARNATAKA GOVERNMENT HOME DEPARTMENT VIOLATED KCSR IN RESPECT OF ALLOWING QUALIFYING SERVICE IN PENSION MATTERS

 
 
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KARNATAKA GOVERNMENT HOME DEPARTMENT VIOLATED KCSR IN RESPECT OF ALLOWING QUALIFYING SERVICE IN PENSION MATTERS
by System Administrator - Tuesday, 7 November 2017, 1:13 AM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: Sri Rajendra Prasad PPO NO 299332/RPR need to be sanctioned by issuing a government order for his qualifying service for pension 8 years which was treated as non duty period as per rule 244-A as per citations in WP " Ramalingaiah v..State Of Karnataka” "LAWS(KAR)-2002-9-67HIGH COURT OF KARNATAKAand 1 year 3 months of service in Indian Institute of Management Bangalore as it is central government educational organization as Employees of educational institutions recognized by government and subsequently getting into Government service in accordance with the rules of recruitment are entitled for additions to qualifying service in accordance with the provisions of the Rule 248 of KCSR. 244-A which was not considred despite several representations by : Sri Rajendra Prasad Police Inspector (Retired).Government Home department is requested to consider and Issue of Government order 3 yearsplus 1 year 3 months service in Indian Institute of science asqualifying service for pension in respect ofSri Rajendra Prasad Police Inspector (Retired) after considering non duty period as leave granted without payas all kinds of leave shall count as service under all circumstances provided that the maximum period of leave without allowances to be so counted shall be restricted to 3 years in the entire service and his total service in Indian Institute of science as it is central government organization .As per citation of KAT order in application number 884/2009 dated 10-10-2012 you can consider his total non duty period as leave granted and consider it for qualifying service for pension. Persons, who are recruited after 30 years of age, are eligible for addition to the qualifying service in accordance with the provisions of Rule 247 A of KCSR. Prior to the Decision of the Supreme Court in the case of DEOKINANDAN PRASAD v. STATE OF BIHAR , pension was considered as a bounty depending upon the will of the employer which could be withdrawn at any time. It is only after Deokinandan's case, the concept of pension changed since it is held to be a valuable right vesting in a Government servant. It is in the nature of a deferred payment of the amount which a Government employee has earned on account of his service to the State beyond a prescribed period.

Conditions of Qualifying Service - A government servant's service does not qualify for pension till he has completed 18 years of age (Rule 220 of KCSR). The service must be under Government i.e. appointment done by the Government and duties and pay regulated by the Government. (Rule 223 of KCSR).Service does not qualify unless the Government servant holds a substantive office on a permanent establishment but temporary service forwarded by permanent service will count to the extent indicated in Rule 226. (Rule 224 of KCSR).Service must be paid for by the Government and does not include service in a non-pensionable establishment.

Rules for Reckoning Service: Leave - Time passed on all kinds of leave with allowances counts as service (Rule 244 of KCSR). Periods of overstayal of leave, joining time, suspension and unauthorized absence which remain unregularised till the time of retirement shall count for pension as qualifying service to a maximum of 3 years. However the periods treated as 'Dies-non' shall not be counted as qualifying service for pension(Rule 244-A of KCSR) .Training - Government may at its discretion, decide, in the case of a Government servant who is selected to undergo a course of training whether the period shall count as qualifying service for pension. (Rule 246 of KCSR) .Suspension - The period of suspension does not count unless the competent authority passes an order under Rule 99. Time passed under suspension pending enquiry into the conduct counts in full where, on conclusion of the enquiry, the Government servant has been fully exonerated or the suspension is held to be wholly unjustified. (Rule 250 of KCSR). Resignation, dismissal or removal entails forfeiture of past service (Rule 252 of KCSR).

Special Additions to Qualifying Service :· Addition to qualifying service to members of the Bar, who are appointed to judicial department, is permissible as per the provisions of Rule 247(1) of KCSR. · Persons, who are recruited after 30 years of age, are eligible for addition to the qualifying service in accordance with the provisions of Rule 247 A of KCSR.· Military/ War service counts for pension (Rule 219-A, 219-B of KCSR), if pension is not earned for this service separately. Employees of educational institutions recognized by government and subsequently getting into Government service in accordance with the rules of recruitment are entitled for additions to qualifying service in accordance with the provisions of the Rule 248 of KCSR.  Employees of work charged establishment of Government subsequently absorbed into Government service are entitled for additions to qualifying service as per the provisions of 248 A of KCSR. Counting of additional years/ past service (under Rule 219, 224, 235, 247, 248, 252,416 & 417 as qualifying service for pension as per the above rules is subject to sanction from the appointing authority in accordance with the provisions of Rule 224-B of KCSRs.  (Effective from 12-5-2006, vide GO No.FD 06 SRA 2004 dated:8/5/2006).

KCSR: Service rendered in Government Aided Primary schools prior to joining Government schools and organizations cannot be discriminated and neglected in pension matters. Principal Secretary Primary Education Department and KarnatakaAG officers and commissioners of public instructions are passing orders without reading KCSR on pension matters in respect primary schools teachers who have worked in Aided schools before joining government schools. As for as rule 248 KCSR is concerned it is applicable only to recognized private schools and it is not applicable to Government Aided educational organisation as there is no mention of it in 248 KCSR. They have done injustice in case of Sri Janardhan hatwar of Mysore by reversing the order after 14 years and several others despite Applicability of KCSR Rule 235 and 235(iii)235(IV) and KCSR rule 223and Karnataka education Act Section 87which makesgovernment servants andservants in Grant in aid Schools and institutions at par and making all services under government as per Karnataka education Act Section 87whether temporary or permanent to countunder 224-A KCSR. KCSR mandates toConsiderservice rendered in Government Aided educational organisation prior to joining government service along withGovernment rendered Service to be counted as qualifying serviceunder KCSR Rule 224-A . As there is no difference in service rendered for the purpose of pension between the services rendered in Government & Government aided Institution as per KCSR .The Government aided Educational institutions functions under the Karnataka State Education Act 1995. In which section 87 clearly defines about qualifications, conditions of service of employees and which states clearly that "The State Government may after previous publication make rules regulating the recruitment and conditions of service (including rights as regards disciplinary matters) of the employees in recognised private educational institutions. Provided that the minimum qualifications for recruitment age of recruitment, and retirement and benefits of retirement to employees in educational institutions receiving maintenance grant from the State Government shall be the same as those applicable for the corresponding category of employees, if any in State Institutions unless otherwise prescribed.” The Karnataka education Act Section 49 States that "Government to set apart sum for giving grant-in-aid to certain recognised institution (1) The state Government shall within limits of its economic capacity,set apart a sum of money annually for being given as grant- in-aid (hereinafter in this act referred to as grant) to local authority institutions and private institution in the state recognised for this purpose in accordance with the rules made in this behalf” .Therefore the AG needs to admit service rendered in Government Aided educational organisation prior to joining government service along with Government rendered Service to be counted as qualifying service under KCSR.